West Tankers Inc v Allianz SpA and Anr (The “Front Comor”) (No 3) – QBD (Com Ct)(Flaux J) – 4 April 2012

Conflict of laws – European law – Insurers of charterers bringing proceedings in Italy against shipowners in breach of London arbitration clause in charterparty – Italian court having jurisdiction under Article 5(3) of Regulation (EC) No 44/2001 – Whether London arbitration tribunal having jurisdiction to hear claim by owners for damages for breach of obligation to arbitrate – Article 1(2)(d)

On 8 August 2000 the vessel Front Comor collided with a pier in Sicily belonging to Erg Petroli SpA, who were the charterers of the vessel. The charterparty contained a London arbitration clause. Erg asserted claims against the owners of the Front Comor for its losses arising out of the collision and brought arbitration proceedings in London pursuant to the arbitration clause. The owners denied liability and counterclaimed for a declaration that they were under no liability to Erg.